Most people file bankruptcy because of job loss, high medical bills, or another event that was beyond their control. Nevertheless, some people equate bankruptcy filing with financial failure. So, the fact that Chapter 13 filings are public record, at least, for the most part, deters some people from filing. However, coronavirus has changed things. 90 percent of Americans say they are experiencing severe financial stress. So, people who looked down on bankruptcy filers before might have a different attitude now.

Chapter 13 filings are limited public records. That allows many debtors to fly under the radar. Additionally, the benefits of bankruptcy are very difficult to ignore. Bankruptcy’s Automatic Stay immediately stops repossession, foreclosure, wage garnishment, and other adverse actions that take financial stress to the next level. Chapter 13 also protects your family’s most valuable assets, like your retirement account, house, car, and personal possessions. These things could be vulnerable to creditor seizure outside bankruptcy.

An experienced Athens bankruptcy lawyer knows how to maximize these benefits while minimizing the ill effects of a bankruptcy filing. An attorney can strategically assign value to your assets and maximize the exemptions. Furthermore, a lawyer helps you recover more quickly from bankruptcy, so you get the fresh start you deserve.

Bankruptcy Court Filings in Athens, GA

Technically, court filings and most other judicial records are publicly-accessible records. That’s a bit different from a public record.

In Georgia, some serious sex offender information is public record. Law enforcement agencies notify residents, and certain nearby businesses, like schools or daycares, if one of these individuals lives in the area or relocates to the area.

Federal civil court records are different. The Public Access to Court Electronic Information system limits instant document access to people with usernames and passwords. Official documents are available outside PACER, but the process is rather cumbersome. Large news outlets and other such organizations can access this information. But when individuals file bankruptcy, unless they are gazillionaires, that’s not newsworthy.

Occasionally, federal judges seal bankruptcy records. Normally, debtors must show good cause for the request. Embarrassment is usually not good cause. Partial sealing is available in most cases. For example, the bankruptcy schedules often include some extremely personal information. Such data is relatively easy to contain.

Bankruptcy 341 Meeting in Georgia

The 341 meeting usually happens about six weeks after the petition is filed. Once again, the record of this meeting is publicly-accessible.

Typically, these meetings take place in office buildings, as opposed to the courthouse. In the post-9/11 world, many office buildings are closed to visitors. Furthermore, the trustee normally does not release scheduling information to the public. Only the debtor, the debtor’s Athens bankruptcy attorney, and perhaps a few creditors know the date, location, and time of the meeting. So, no one else will be there, or even know the meeting is taking place.

This relative privacy is important. At the 341 meetings, the parties usually go over the debtor’s income/expense information in depth. Additionally, the trustee sometimes inquires about potential bankruptcy fraud matters. Even if the debtor is innocent of such charges, as is almost always the case, most people do not want their neighbors or bosses to find out about such things.

Bankruptcy Court Hearings in Georgia

Under the Sixth Amendment, criminal trials must be public. So, criminal courts are usually open at all times and to all people.

Civil matters, including bankruptcy matters, are different. The Sixth Amendment is inapplicable. So, for security reasons, many civil courthouses are closed to the public. These buildings might also be closed for health and safety reasons.

Court transcripts are public record as well. However, like court filings, transcripts are not publicly available. Typically, only parties to the lawsuit may access them, and court reporters always charge hefty fees to provide them. 

Generally, an Athens bankruptcy attorney can either seal or redact court hearing transcripts. So, a local busybody could learn that a hearing took place and the result of that hearing, but the court would reveal no specifics.

Get Legal Help from a Highly Reputed Chapter 13 Bankruptcy Lawyer

Chapter 13 filings and proceedings are publicly available, but they are not public record. For a free consultation with an experienced Athens bankruptcy attorney, contact Morgan & Morgan, Attorneys at Law, P.C. at (706) 843-2905. Convenient payment plans are available.

Christopher Ross Morgan

Christopher Ross Morgan

Christopher Ross Morgan focuses on bankruptcy cases, specifically Chapter 7 and Chapter 13 cases. Christopher also takes on Disability and Workers’ Compensation cases. As one of the most accomplished Chapter 7 and Chapter 13 attorneys in Athens, Georgia, he has fought cases through jury trials and argued cases in front of the U.S. District Court, Northern and Middle District of Georgia.